They're using the same language for pbooks and ebooks. There's nothing on the page to indicate "you can buy the *actual* physical book for [price], or a *license to use* the ebook for [other price]." They don't deliver the license. They don't even deliver text that says, "the details of your license can be found at [url]." They are trying to deceive the customers--to convince them that they're buying a book, while claiming to the courts that they're selling a license.

(Not my lawsuit. I don't deal with DRM, nor with ebooks that require store-based software to download. I think the "license" argument will hold up in court for a while... until some clever grifter finds some odd aspect of licensing law from some other sector of business, and uses it for ebooks. Possibly something involving liability for crimes, because that's where the legalities would get most messy. No, I don't have any specifics in mind. I just know that sometimes, it's advantageous to say, "no, I don't OWN that; I've only licensed the use of it. Someone ELSE is the owner; go after them.")